SANTOSH DEBNATH Vs. TRIPURA TRIBAL AREA AUTONOMOUS DISTRICT COUNCIL (T.T.A.A.D.C)
LAWS(TRIP)-2021-2-30
HIGH COURT TRIPURA
Decided on February 05,2021

Santosh Debnath Appellant
VERSUS
Tripura Tribal Area Autonomous District Council (T.T.A.A.D.C) Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) Petitioner has challenged an order dated 19th February, 2014 by which the Chief Executive Officer of Tripura Tribal Area Autonomous District Council ('TTAADC' for short) removed the petitioner from service. The petitioner has also challenged an order dated 10th May, 2016 by which the petitioner's departmental appeal against the order of punishment came to be dismissed.
(2.) Brief facts are as under : The petitioner was serving as a Post Graduate Teacher employed by TTAADC. Under a memorandum dated 29th December, 2011 the Chief Executive Officer issued a charge sheet to the petitioner which contained three charges. The gist of these charges was as under : Charge Article ' I That the petitioner while functioning as a Post Graduate Teacher in Khumpui Academy, Khumulwng, used to collect money as fine from the absentee students without any intimation or prior permission of Headmaster. He had also misbehaved with teenage school girls. Charge Article - II That the petitioner used to collect sum of Rs.10/- per day from absentee students of Class - X since 2010. Accordingly, in the year 2010, he had collected Rs.940/- from the students and in the year 2011 he had collected Rs.2,030/-. These amounts were spent during the farewell programme of Class - X students without any consent of the Headmaster. Charge Article - III That while functioning in the Khumpui Academy the petitioner had misbehaved with 6 girl students. In some cases he had inappropriately touched the girl students. In one case it was reported that he had taken silver chains of two girl students but later on under pressure he had returned the same.
(3.) The petitioner denied the charges on which a departmental inquiry was conducted. The inquiry officer submitted his report dated 17th August 2013 holding that the charges against the petitioner were proved. Copy of inquiry officer's report was supplied to the petitioner. He was allowed to make his representation. The Chief Executive Officer of TTAADC thereupon passed the impugned order dated 19th February, 2014. He held that the charges against the petitioner were proved and that allegations were serious enough to warrant his removal from service. He, therefore, ordered that the petitioner be removed from service w.e.f. 20th February, 2014.;


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